Current through Register Vol. 56, No. 24, December 18, 2024
(a)
When a non-needy stepparent is married to a natural or adoptive WFNJ recipient
parent and is not the parent of any of the WFNJ children, the non-needy
stepparent, the stepparent's natural or adoptive children and the WFNJ
recipient parent shall be excluded from the eligible assistance unit;
therefore, the eligible assistance unit shall consist of only the WFNJ
children. Eligibility for the WFNJ children shall be established provided that
the gross income of the assistance unit does not exceed the maximum income
limits for the applicable household size as referenced in (a)1 below, and the
countable income of the eligible children does not exceed the limits referenced
in (c) below.
1. Household maximum income
limits for non-needy stepparents marrying WFNJ recipient parents shall be based
on 150 percent of the Federal Poverty Income Guidelines as published each year
in the Federal Register and subsequently as a public notice in the New Jersey
Register.
(b) WFNJ
eligibility shall not exist for any month if the total income exceeds 150
percent of the Federal Poverty Income Guidelines for the appropriate number of
persons in the household. The household shall include the natural or adoptive
parent, his or her children, the non-needy stepparent and the stepparent's
children residing in the same household who are claimed or could be claimed by
the stepparent as dependents for Federal personal income tax liability and who
are not recipients of WFNJ or SSI benefits.
1. The income of the assistance unit shall be
determined by counting the gross income of all members of the household, which
shall be reduced only by any amounts paid as alimony or child support to
individuals not living in the household. Although SSI benefits are exempt, all
other countable income of the natural or adoptive parent is
considered.
2. The gross income
derived from the computation procedures in (b)1 above shall be compared to 150
percent of the Federal Poverty Income Guidelines. Provided the household's
gross income is less than the amount for the appropriate household size,
initial WFNJ eligibility shall be established for the children of the natural
or adoptive parent (excluding children who are recipients of SSI benefits). If
the household's gross income equals or exceeds the applicable poverty level
guideline amount, all members of the household shall be ineligible for WFNJ
benefits.
i. The parent of the eligible
children shall sign the application for assistance and fulfill all obligations
contained therein.
ii. The grant
for eligible children shall be:
(1) The
appropriate maximum allowance payment in Schedule II at
N.J.A.C.
10:90-3.3, less any income available to the
eligible assistance unit, including the countable income of the natural or
adoptive parent as determined in (c) below.
(2) In no event shall the WFNJ payment for
the eligible children be reduced below $ 10.00 until such time as gross income
of the assistance unit exceeds the applicable Federal Poverty Income Guideline
for the appropriate household size, and the countable income of the eligible
children does not exceed the maximum benefit payment amount in Schedule II at
N.J.A.C.
10:90-3.3 for the appropriate eligible unit
size.
(c) Countable income to the WFNJ eligible
children shall be determined in accordance with the following procedures:
1. The income of the non-needy stepparent
shall be totally excluded.
2. Any
earned income of the WFNJ parent shall be reduced by the appropriate disregard
as specified at
N.J.A.C.
10:90-3.8, and the result added to any
unearned income received by that parent. The result of this calculation is
further reduced by the payment benefit level amount for an eligible unit of one
in Schedule II at
N.J.A.C.
10:90-3.3.
3. All remaining income of the natural or
adoptive parent shall be considered as unearned income and shall be added
together with any other countable income of the children to determine the total
countable income available to the eligible assistance unit.
4. The total countable income shall be
deducted from the payment benefit level for the appropriate eligible unit size
in Schedule II at
N.J.A.C.
10:90-3.3, and the remainder shall be the
WFNJ benefit payable for the eligible children.
i. In the event that the WFNJ benefit
calculation results in a benefit of less than $ 10.00, (b)2ii(2) above shall
apply.
